South Carolina Legislature


 

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S*1266
Session 113 (1999-2000) 

S*1266(Rat #0331, Act #0292 of 2000)  General Bill, By Ford
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 1-10-10 SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG,
 THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF
 THE CONFEDERATE STATES OF AMERICA, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS
 AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM
 "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING
 TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE
 UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE
 HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE
 TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF
 MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH
 SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO
 PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN
 THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME
 OF THE STATE HOUSE MUST BE PLACED AND PERMANENTLY DISPLAYED IN A SUITABLE
 LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR
 CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31,
 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A
 MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE,
 DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY
 MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR FENCENext LOCATED ON THE
 CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A
 SEVERABILITY CLAUSE.-AMENDED TITLE

   03/21/00  Senate Introduced and read first time SJ-9
   03/21/00  Senate Referred to Committee on Judiciary SJ-9
   04/05/00  Senate Committee report: Favorable with amendment
                     Judiciary SJ-6
   04/06/00  Senate  Set for special order not to be taken up prior
                     to Wednesday, April 12 SJ-24
   04/12/00  Senate Amended SJ-95
   04/12/00  Senate Read second time SJ-95
   04/12/00  Senate Special order SJ-116
   04/13/00  Senate Read third time and sent to House SJ-43
   04/18/00  House  Introduced and read first time HJ-11
   04/18/00  House  Referred to Committee on Judiciary HJ-11
   04/26/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/02/00  House  Requests for debate-Rep(s). Cobb-Hunter, Knotts,
                     Scott, Clyburn, Koon, Kennedy, Whatley,
                     Littlejohn, Meacham-Richardson, Kirsh, HJ-146
   05/02/00  House  Objection by Rep. Fleming and Cato HJ-146
   05/02/00  House  Requests for debate-Rep(s). Harrison, Perry,
                     Campsen, D. Smith, Inabinett, Mack, Whipper,
                     Altman, Harrell, Barrett, J. Hines, R. Smith,
                     Davenport, H. Brown, Pinckney, Parks, J. Brown,
                     JH Neal, Bales, Sandifer, Govan, M. Hines,
                     Chellis and Ott HJ-146
   05/03/00  House  Special order, set for Tuesday, May 9, 2000,
                     immediately following consideration of Senate
                     amendments (Under H 5028)
   05/09/00  House  Amended HJ-52
   05/09/00  House  Debate interrupted HJ-97
   05/10/00  House  Amended HJ-7
   05/10/00  House  Read second time HJ-74
   05/10/00  House  Roll call Yeas-63  Nays-56 HJ-74
   05/11/00  House  Read third time and returned to Senate with
                     amendments HJ-6
   05/11/00  House  Roll call Yeas-62 Nays-48 HJ-10
   05/17/00  Senate House amendment amended SJ-11
   05/17/00  Senate Returned to House with amendments SJ-11
   05/18/00  House  Non-concurrence in Senate amendment HJ-69
   05/18/00  House   Vote to concur: Yeas-2  Nays-111 HJ-74
   05/18/00  Senate Senate insists upon amendment and conference
                     committee appointed Sens. JV Smith, McConnell,
                     Jackson SJ-22
   05/18/00  House  Conference committee appointed Reps. Harrison,
                     Cotty and J. Smith HJ-141
   05/18/00  House  Conference report received and adopted HJ-148
   05/18/00  House  Roll call Yeas-66  Nays-43 HJ-154
   05/18/00  Senate Conference report received and adopted SJ-24
   05/18/00  Senate Roll call Yeas-37  Nays-8 SJ-24
   05/18/00  House  Ordered enrolled for ratification HJ-155
   05/23/00         Ratified R 331
   05/23/00         Signed By Governor
   06/14/00         Effective date 07/01/00
   06/14/00         Copies available
   06/14/00         Act No. 292





(A292, R331, S1266)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10 SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME OF THE STATE HOUSE MUST BE PLACED AND PERMANENTLY DISPLAYED IN A SUITABLE LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31, 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR PreviousFENCENext LOCATED ON THE CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A SEVERABILITY CLAUSE.

Be it enacted by the General Assembly of the State of South Carolina:

Removal and placement of Confederate Flag

SECTION 1. The 1976 Code is amended by adding:

"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron PreviousfenceNext must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

Display of certain flags

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase suitable flags for display at the State House locations and cause them to be displayed, the expense to be borne out of the funds appropriated to it.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

Protection of monuments and memorials

SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials, or nameplates.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

Severability clause

SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Flags above rostrum in chambers to be placed and displayed in State Museum

SECTION 5. The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.

Flag removed from dome of State House to be placed and displayed in State Museum

SECTION 6. The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.

House Sergeant at Arms to fill orders

SECTION 7. All orders for Confederate flags placed with the Sergeant at Arms of the House of Representatives and paid for in full as of May 31, 2000, must be filled.

Crime for defacing, etc., monuments on capitol grounds

SECTION 8. The 1976 Code is amended by adding:

"Section 10-11-315. It is unlawful for a person to wilfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, Previousfence, or structure located on the capitol grounds and a person convicted of a violation of this section shall be punished pursuant to the provisions of Section 10-11-360."

Time Effective

SECTION 9. This act takes effect July 1, 2000.

Ratified the 23rd day of May, 2000.

Approved the 23rd day of May, 2000.

__________



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